17-CIV-01605 ENABLEDWARE, LLC, et al. vs. JACK TURNER, et al.

ENABLEDWARE, LLC. AMATO, SAMIRA

JACK TURNER john s. simonson

Motion to set aside default/judgment

TENTATIVE RULING:

Plaintiff and Cross-Defendant Enabledware, LLC’s (Enabledware) unopposed Motion to Set Aside the Default entered on 7-14-17 is GRANTED. The Default was entered by mistake, because on 6-13-17, Enabledware filed a motion to strike Robert Lindow’s Cross-Complaint pursuant to Code Civ. Proc. Sect. 425.16. The Default entered on 7-14-17 is set aside. Enabledware shall file its response to Lindow’s 5-30-17 Cross-Complaint within 10 days of this Order. Given the fact Enableware filed a motion to strike on 6-13-17, the Request for Entry of Default should never have been filed. Mr. Lindow is admonished for both filing it, and not serving it on Enabledware.

As part of this motion, Enabledware requests that the Court set a hearing date on a motion to strike pursuant to Sect. 425.16. That request is DENIED. Enabledware has no pending motion to strike. If Enabledware chooses to file a motion (whether pursuant to Sect. 425.16 or otherwise) as its response to Lindow’s Cross-Complaint, the motion must be properly noticed.

Enabledware’s Request for Judicial Notice is GRANTED as to Request Nos. 1-5 (Evid. Code Sect. 452(d)), and DENIED as to Request Nos. 6-7. The Court cannot determine the truth of the allegation in Request No. 6, and no attachment is filed in support of Request No. 7.